City of London Sessions:
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6th April 1741 - 21st December 1742

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Image 44 of 14826th February 1742


Richard Wilkinson< no role > 1715
Thomas Powle< no role > 1716
Ben: Nodes< no role > 1718
Ditto1719
Thomas Ryland< no role > 1721

In the three Vestry Bocks which reach from 1616 to ye present time they will produce Instances almost in every year of the
Times for Ward Offices being assessed by the Vestry paid to the Churchwardens & applied to the Payment of the Parish
debts & Expences

And in ye Churchwardens Accots. they will show these fines accounted for to the Vestry by the Churchwardens
And from thence they will insist that the Parish, of St Botolph has a prescriptive Right to the Ward Fines & that Defts payment to the
Churchwarden being agreeable to the Custom ought to discharge him & therefore that he was not duely elected at ye Wardmote

But surely this Defence will not be allowed

The Ward & Parish tho' they shod happen to be Co extensive, are distinct Bodies for different Purposes the one being a Civil or Lay constitution
the other an Ecclesiastical or Cannonical One

And altho' the Inhabitants who were equally Members of both did for their Convenience transact sevr. Matters at the Vestry's
or Parish Meetings wch. were properly the Business of the Wardmote or Ward meeting Yet that will not in Law I conceive
consolidate to the two Constitutions & make them One.

If the Vestry Books are to prove the Right of the Parish to ye Fines They will also prove the Right of the Vestry to elect the
Parish Officers as well Comon Council Men as others for Numbers of such Elections Stand recorded in their Books.

The Truth is that the Vestry acted on these Occasions as a Precinct Meeting in other Wards that is they agreed what
Persons shd. be returned to & put in Nomination at ye WardmoteAnd the Fines that appear to have been paid
to the Churchwardens were only to be excused from such Nomination or Return But could never be understood to
abridge the Right of the Wardmote to elect those Persons

As the Alderman (when an Inhabitant) & the Deputy & Comon Council Men were always of the Vestry even whilst
it was a Select One the Payment of the Finds to the Parish was with their Consent & therefore they did not put ye
Persons who had so paid in Nomination at the Wardmote:

But this Acquiesion we hope will never establish so a bound a Right as is pretended or make those Bodies
one which by Law are seperate & distinct

There are several incident Expences belonging to the Ward for which there is no other Fund than the Money raised
by Fines

Mr. Alderman Benn formerly Deputy of this Ward is now above £40 out of Pocket for the Service of the Ward
& Mr. Deputy Wily & others are also out of Pocket a good deal Money

The Deputy of the Ward annually makes up his Accot. with the Alderman & the Ballance is given to the
Churchwarden for the use of the Poor

But we hope the Churchwarden of the Parish shall not be the Cashire of the Ward & so be obliged to apply to him
for every half Crown that is wanted for the Ward Service

Proofs

To prove the Custom of electing Ward Officers annually at ye Wardmote
as set out in the IndictmentCall}
Mr. Deputy John Holland< no role >
Mr. Deputy Henry Wily< no role >
Mr. John Forty< no role >




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